{"id":"construction-industry-long-service-leave-and-benefits-act-2005","name":"Construction Industry Long Service Leave and Benefits Act 2005","slug":"construction-industry-long-service-leave-and-benefits-act-2005","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29947,"registerId":"nt-construction-industry-long-service-leave-and-benefits-act-2005-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 7","sectionType":"part","heading":"Transitional matters for Construction","content":"Part 7 Transitional matters for Construction\nIndustry Long Service Leave and Benefits\nAmendment Act 2022\n103 Application of increase in levy ....................................................... 63\n\n____________________\nAs in force at 13 September 2022\n____________________\nCONSTRUCTION INDUSTRY LONG SERVICE LEAVE AND\nBENEFITS ACT 2005\nAn Act to provide for long service leave and long service benefits for\nconstruction workers, and for related purposes\n","sortOrder":0},{"sectionNumber":"Div 1","sectionType":"division","heading":"Preliminary","content":"Division 1 Preliminary\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Construction Industry Long Service\nLeave and Benefits Act 2005.\n","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act comes into operation on the date fixed by the Administrator\nby notice in the Gazette.\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Object of Act","content":"3 Object of Act\nThe object of this Act is to provide for the entitlements to long\nservice leave and long service benefits for construction workers\nthrough a scheme that:\n(a) recognises the particular circumstances of the construction\nindustry and construction workers in the Territory;\n(b) allows, through intergovernmental agreements:\n(i) credits accrued under the scheme to be recognised by a\nsimilar scheme of a State; and\n(ii) credits that were accrued under such a similar scheme\nto be recognised by the scheme; and\n(c) is funded primarily by a levy on construction work carried out\nin the Territory.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 2\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Entitlement under Act","content":"4 Entitlement under Act\nThis Act does not permit a person to claim, for the same period\nduring which the person is employed or engaged to carry out\nconstruction work, both:\n(a) an entitlement under this Act to long service leave or a long\nservice benefit; and\n(b) a similar entitlement under another law (including an award or\nan agreement under that law).\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Act binds Crown","content":"5 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n","sortOrder":6},{"sectionNumber":"5A","sectionType":"section","heading":"Application of Criminal Code","content":"5A Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 5A\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Definitions","content":"6 Definitions\nIn this Act:\nannual certificate means an annual certificate given by the\nRegistrar under section 14 or 31.\napproved form means a form approved by the Registrar under\nsection 79.\nBoard means the Board established by section 53.\nBoard member means a member of the Board appointed under\nsection 54.\nChairperson means the Chairperson of the Board appointed under\nsection 54.\nConstruction Employers Register means the Register\nestablished by section 25.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 3\nconstruction work has the meaning in section 7.\nconstruction worker means a natural person who carries out\nconstruction work either as an employee or as a contractor.\nConstruction Workers Register means the Register established\nby section 9.\ncontractor means a person who carries out work for a fee or\nreward on the person's own account.\ncontractor pay rate means a contractor pay rate worked out in\naccordance with the Determinations made for section 20(6)(b).\ncost, of construction work, has the meaning in section 37.\nday of service has the meaning in section 15(3).\nDeterminations means the determinations made by the Board\nunder section 57.\nemployee means a natural person who carries out work under a\ncontract of service or apprenticeship.\nemployee pay rate means an employee pay rate worked out in\naccordance with the Determinations made for section 19(4)(b).\nemployer means a person who employs an employee under a\ncontract of service or apprenticeship.\nidentity card means an identity card for the Registrar or a delegate\nof the Registrar under section 82.\nlevy means the long service levy imposed by section 32.\nlevy rate means the percentage prescribed by the Regulations for\nsection 33.\nlong service benefit means:\n(a) a payment by the Board under section 19 to a registered\nemployee; or\n(b) a payment by the Board under section 20 to a registered\ncontractor; or\n(c) a payment by the Board under section 21 in relation to a\nderegistered person; or\n(d) a payment by the Board under section 22 to a registered\nworker who has ceased to carry out construction work.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 4\nLSL credits, for a registered worker, has the meaning in\nsection 16(2).\npersonal representative includes the Public Trustee under the\nPublic Trustee Act 1979.\nprevious service:\n(a) in relation to a reciprocal scheme – has the meaning in\nsection 87; and\n(b) in relation to a transitional employee within the meaning of\nsection 94(1) – has the meaning in section 94(1).\npublic holiday has the same meaning as in the Public Holidays\nqualifying service has the meaning in section 15.\nreciprocal agreement means an agreement declared by the\nMinister to be a reciprocal agreement under section 86(3).\nreciprocal authority, in relation to a reciprocal agreement, means\nthe person or body mentioned in section 86(2)(a).\nreciprocal scheme in relation to a reciprocal agreement, means\nthe scheme mentioned in section 86(1)(a).\nregistered contractor means a person who is registered as a\ncontractor under section 11 (whether or not the person is also\nregistered as an employee under that section).\nregistered employee means a person who is registered as an\nemployee under section 11 (whether or not the person is also\nregistered as a contractor under that section).\nregistered employer means a person who is registered as an\nemployer under section 26.\nregistered worker has the meaning in section 9(3).\nRegistrar means the Registrar appointed under section 76.\nScheme has the meaning in section 8.\nsite, in relation to construction work, means a site in the Territory\n(whether on land or off-shore) at which the construction work is to\nbe or is being carried out.\nState means a State or another Territory of the Commonwealth.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 5\n","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Construction work","content":"7 Construction work\nExcept as the Regulations otherwise provide, construction work has\nthe same meaning as in the Construction Contracts (Security of\nPayments) Act 2004.\n","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Scheme","content":"8 Scheme\nFor this Act, the Scheme consists of the provisions that:\n(a) are in this Act, the Regulations, the Determinations or any\narrangements arising from this Act; and\n(b) relate to the following:\n(i) the registration of construction workers and employers of\nconstruction workers;\n(ii) the entitlements to long service leave and long service\nbenefits for registered workers;\n(iii) the obligations of registered workers and registered\nemployers;\n(iv) the recognition of previous service for registered\nworkers;\n(v) the imposition, assessment and collection of the levy.\n","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Construction Workers Register","content":"9 Construction Workers Register\n(1) There is to be a Construction Workers Register.\n(2) The Registrar must include in the Register the following information:\n(a) the name of each registered worker;\n(b) each registered worker's qualifying service and LSL credits;\n(c) any other information about each registered worker as is\nrequired by the Determinations.\n(3) For this Act, a registered worker is a person who:\n(a) is registered as an employee (whether or not the person is\nalso registered as a contractor); or\n\nConstruction Industry Long Service Leave and Benefits Act 2005 6\n(b) is registered as a contractor (whether or not the person is also\nregistered as an employee).\n","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Application for registration","content":"10 Application for registration\n(1) A person may apply to be registered as an employee if:\n(a) the person is employed to carry out construction work in the\nTerritory; and\n(b) either:\n(i) the person's work description or classification is covered\nby clause 1.8, 5.1 or 5.11 of the Building and\nConstruction Industry (Northern Territory) Award 2002\n(as in force from time to time); or\n(ii) the nature of the work (including the circumstance in\nwhich the work is carried out) is specified in the\nDeterminations; and\n(c) the work is not:\n(i) to be carried out by the person in a managerial, clerical,\nadministrative or professional capacity (for example, as\nan architect or engineer); or\n(ii) otherwise excluded by the Determinations; and\n(d) the person is not employed to carry out the work:\n(i) by the Territory, a local government council or a\nstatutory corporation; or\n(ii) by the Commonwealth, a State or a body corporate\nestablished for a public purpose by a law of the\nCommonwealth or of a State; or\n(iii) by any other person or body, or in any other\ncircumstance, that is specified in the Determinations.\n(2) A person may apply to be registered as a contractor if:\n(a) the person is a natural person who is engaged as a contractor\nto carry out construction work in the Territory; and\n(b) subsection (1)(b) and (c) applies in relation to the person; and\n\nConstruction Industry Long Service Leave and Benefits Act 2005 7\n(c) the person is not engaged to carry out the work in the capacity\nof a contractor who:\n(i) supplies materials for construction work; or\n(ii) provides services while supplying such materials; and\n(d) the person is not engaged to carry out the work by any of the\nentities mentioned in subsection (1)(d)(i), (ii) or (iii) or in any\nother circumstance that is specified in the Determinations.\n(3) A registered employer may apply for a person to be registered as\nan employee if:\n(a) the employer employs the person to carry out construction\nwork (whether in the Territory or elsewhere); and\n(b) subsection (1)(b), (c) and (d) applies in relation to the person.\n(4) An application under subsection (1), (2) or (3) must be made to the\nRegistrar in an approved form.\n","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Registration","content":"11 Registration\n(1) The Registrar must register a person as an employee or as a\ncontractor (as the case may be) if:\n(a) an application for the registration is made under section 10(1),\n(2) or (3); and\n(b) the Registrar is satisfied that the applicant is entitled to make\nthe application.\n(2) The registration takes effect from the time when the registration is\nrecorded in the Construction Workers Register.\n(3) This section does not prevent the Registrar from registering a\nperson both as an employee and as a contractor where the person\ncarries out construction work:\n(a) as an employee during a period of time; and\n(b) as a contractor during another period of time.\n(4) To avoid doubt, the registration of a person under a reciprocal\nscheme does not prevent the person from being registered under\nthis section.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 8\n","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Refusal to register","content":"12 Refusal to register\n(1) The Registrar must refuse an application made under section 10(1),\n(2) or (3) if the Registrar is not satisfied that the applicant is entitled\nto make the application.\n(2) If the Registrar decides to refuse the application, the Registrar must\ngive the applicant a notice, stating:\n","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Deregistration","content":"13 Deregistration\n(1) The Registrar must deregister a person as a registered worker if\nany of the following occurs:\n(a) for a continuous period of 4 years, the person has not been\ncredited with any qualifying service;\n(b) the person applies to the Registrar in an approved form for the\nderegistration on the basis that the person no longer carries\nout construction work;\n(c) the person applies to the Registrar in an approved form for the\nderegistration on the basis that the person has retired from the\nworkforce;\n(d) the Registrar is satisfied that the person has died.\n(2) The person ceases to be a registered worker from the time when\nthe deregistration is recorded in the Construction Workers Register.\n(3) The Registrar must give notice of the deregistration:\n(a) by sending it to:\n(i) the last known address of the person; or\n(ii) the address of the person's personal representative if\nthe person has died; or\n(b) by any other means that the Registrar considers reasonable\nand practicable in the circumstances.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 9\n(4) If the Registrar decides to deregister a person because of\nsubsection (1)(a), the Registrar must also state in the notice:\n(a) the reasons for the decision; and\n(b) that the person is entitled to apply for a reconsideration or\n(5) Except as provided by section 21:\n(a) this section does not prevent a deregistered person from\nbeing registered again; and\n(b) any LSL credit or qualifying service credited to the person\nbefore the deregistration ceases to have effect from the time\nof the deregistration.\n(6) The Registrar must not deregister a person as a registered worker\nexcept in accordance with this section.\n","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Annual certificate","content":"14 Annual certificate\n(1) The Registrar must, as soon as practicable after the end of each\nfinancial year, give each registered worker a certificate stating:\n(a) the worker's qualifying service as at the end of that year; and\n(b) the worker's LSL credits as at the end of that year; and\n(c) that the worker is entitled to apply for a reconsideration or\nreview under Part 5, Division 4 in relation to:\n(i) the information in the certificate; or\n(ii) the information in the Construction Workers Register that\nrelates to the worker; and\n(d) any other matters as are required by the Determinations.\n(2) The certificate must be prepared on the basis of the information\nincluded in the Construction Workers Register.\n(3) The Registrar may correct any errors in the certificate by issuing a\nrevised certificate to the worker at a later time.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 10\n","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Qualifying service","content":"15 Qualifying service\n(1) The Registrar must credit each registered worker with an amount of\nqualifying service for a financial year that is equal to the total\nnumber of the worker's days of service for that year.\n(2) However, the Registrar must not credit the worker with more than\n220 days of qualifying service for a financial year.\n(3) Subject to the Determinations, each of the following is a day of\nservice for the worker:\n(a) a workday throughout which the worker carries out\nconstruction work in the Territory;\n(b) a public holiday or a day of paid absence for the worker (other\nthan a day that is part of long service leave granted to the\nworker) while the worker is employed or engaged to carry out\nconstruction work in the Territory;\n(c) a day of service worked out in accordance with the\nDeterminations in relation to a time when the worker is\nemployed or engaged to carry out construction work in the\nTerritory (for example, for construction work carried out, or\npaid absence, for part of a day).\n(4) Except as provided by section 101, in crediting the worker with\nqualifying service, the Registrar must take into account the worker's\ndays of service in relation to the following periods:\n(a) the period of 12 months immediately before the worker\nbecomes a registered worker;\n(b) a period during which the worker is a registered worker.\n","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"LSL credits","content":"16 LSL credits\n(1) The Registrar must credit each registered worker with a long\nservice leave credit (LSL credit) of 6.5 days for each qualifying\nservice of 220 days that has been credited to the worker.\n(2) A registered worker's LSL credits at any time is the sum of the\nfollowing that remains credited to the worker at that time:\n(a) the worker's LSL credits under subsection (1);\n\nConstruction Industry Long Service Leave and Benefits Act 2005 11\n(b) any LSL credit converted from the worker's previous service\nunder section 87, 95 or 96.\nExample for section 16\nA registered worker who has 220 days of qualifying service for each year of a\n10-year period will therefore be entitled to 65 days of LSL credits at the end of\nthat period.\n","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Credits for person registered both as employee and contractor","content":"17 Credits for person registered both as employee and contractor\nTo avoid doubt, if a registered worker is registered both as an\nemployee and as a contractor:\n(a) the worker must not be credited with any qualifying service in\nrelation to the same day of service more than once; and\n(b) subject to sections 87, 95 and 96 – the worker's LSL credits\nmust be based on the total amount of the worker's qualifying\nservice; and\n(c) an entitlement to long service leave or a long service benefit\nfor the worker must be based on the total amount of the\nworker's LSL credits.\nExample for section 17\nA registered worker who is an employee when applying for a long service benefit\ncan therefore utilise all the LSL credits credited to the worker, including LSL\ncredits for work carried out by the worker as a contractor.\n","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Registered employee's entitlement to long service leave","content":"18 Registered employee's entitlement to long service leave\n(1) A registered employee who is employed by a registered employer\nhas an entitlement to be granted long service leave if any of the\nfollowing occurs:\n(a) the employee has been credited with a total of 65 days of LSL\ncredits for the first time;\n(b) the employee has been credited with a total of 32.5 days of\nadditional LSL credits after the employee was credited with\nthe 65 days of LSL credits mentioned in paragraph (a);\n(c) whenever the employee has again been credited with a total\nof 32.5 days of additional LSL credits after the employee was\ncredited with the 32.5 days of LSL credits mentioned in\nparagraph (b).\n(2) The entitlement is for the employee to be granted an amount of\nlong service leave not exceeding:\n(a) if subsection (1)(a) applies – 65 days; or\n\nConstruction Industry Long Service Leave and Benefits Act 2005 12\n(b) if subsection (1)(b) or (c) applies – 32.5 days.\n(3) If the employee has an entitlement under subsection (1), the\nemployee may apply to the employer for an amount of long service\nleave not exceeding:\n(a) the amount mentioned in subsection (2)(a) or (b) (as the case\nmay be) if the employee does not have any unused\nentitlement; or\n(b) if the employee has any unused entitlement – the sum of the\namount mentioned in subsection (2)(a) or (b) (as the case may\nbe) and the unused entitlement.\n(4) The employer must grant the leave if the Registrar confirms that the\nemployee is entitled to make the application.\n(5) The leave must start:\n(a) having regard to the needs of the employer's business – as\nsoon as practicable; or\n(b) from a date that is agreed upon between the employer and\nemployee.\n(6) The leave may be taken:\n(a) in one continuous period; or\n(b) if the employer and employee agree, in separate periods each\nof which is not less than 5 days.\n(7) A Saturday, Sunday or a public holiday must not be counted as part\nof the leave.\n(8) For this section:\n(a) a reference to an unused entitlement is a reference to so\nmuch of any previous entitlement of the employee under\nsubsection (1) as has not been applied for payments of long\nservice benefits to the employee; and\n(b) a reference to an amount mentioned in subsection (2)(a) or (b)\nfor an employee who is also a registered contractor is a\nreference to so much of that amount as is reduced by any\nentitlement of the employee under section 20(1) that:\n(i) is based on the same LSL credits or additional LSL\ncredits mentioned in subsection (1)(a), (b) or (c) that\nrelate to that amount; and\n\nConstruction Industry Long Service Leave and Benefits Act 2005 13\n(ii) has been applied for payments of long service benefits\nto the employee as a registered contractor.\nExample for section 18\nJohn is a registered employee who has been credited with 78 days of LSL\ncredits. John has never used any of his LSL credits to apply for long service\nleave or long service benefits. As John is employed by a registered employer, he\nis now entitled to be granted long service leave by that employer for a period not\nexceeding 65 days (see subsections (1) and (2)).\nJohn is granted 65 days of long service leave. He will not be entitled to be\ngranted long service leave again until he has been credited with 19.5 days of\nadditional LSL credits (so as to make up the 32.5 days of additional LSL credits\nrequired by subsection (1)(b)).\nThree years later, John has 32.5 days of LSL credits and is granted long service\nleave for 32 days. Because of subsection (1)(c), John will not be entitled to be\ngranted long service leave again until he has been credited with 32 days of\nadditional LSL credits.\n","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Registered employee's entitlement to long service benefit","content":"19 Registered employee's entitlement to long service benefit\n(1) A registered employee to whom long service leave has been\ngranted under section 18 may apply to the Board for a long service\nbenefit for the leave.\n(2) The application must be made to the Board in an approved form.\n(3) If the Board is satisfied that the applicant is entitled to be granted\nthe leave:\nbenefit for the leave to the applicant; and\namount of the leave by the employee pay rate that was\napplicable to the applicant at the time of the application.\n(4) For subsection (3):\n(a) the amount of the leave must be expressed as a number\n(including a decimal number) of days; and\n(b) the employee pay rate must be worked out in accordance with\nthe Determinations.\n(5) The Registrar must reduce the applicant's LSL credits by the\namount of the leave if the Board decides to accept the application.\n(6) The Board must refuse the application if the Board is not satisfied\nthat the applicant is entitled to be granted the leave.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 14\n(7) Whether the Board decides to accept or refuse the application, the\n","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Registered contractor's entitlement to long service benefit","content":"20 Registered contractor's entitlement to long service benefit\n(1) A registered contractor has an entitlement to be paid a long service\nbenefit if any of the following occurs:\n(a) the contractor has been credited with a total of 65 days of LSL\ncredits for the first time;\n(b) the contractor has been credited with a total of 32.5 days of\nadditional LSL credits after the contractor was credited with\nthe 65 days of LSL credits mentioned in paragraph (a);\n(c) whenever the contractor has again been credited with a total\nof 32.5 days of additional LSL credits after the contractor was\ncredited with the 32.5 days of LSL credits mentioned in\nparagraph (b).\n(2) The entitlement is for the contractor to be paid a long service\nbenefit for an amount of LSL credits not exceeding:\n(a) if subsection (1)(a) applies – 65 days; or\n(b) if subsection (1)(b) or (c) applies – 32.5 days.\n(3) If the contractor has an entitlement under subsection (1), the\ncontractor may apply to the Board for a long service benefit for an\namount of LSL credits (the redeemed credits) not exceeding:\n(a) the amount mentioned in subsection (2)(a) or (b) (as the case\nmay be) if the contractor does not have any unused\nentitlement; or\n(b) if the contractor has any unused entitlement – the sum of the\namount mentioned in subsection (2)(a) or (b) (as the case may\nbe) and the unused entitlement.\n(4) The application must be made in an approved form.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 15\n(5) If the Board is satisfied that the applicant is entitled to make the\nbenefit for the redeemed credits to the applicant; and\namount of the redeemed credits by the contractor pay rate that\nwas applicable to the applicant at the time of the application.\n(6) For subsection (5):\n(a) the amount of the redeemed credits must be expressed as a\nnumber (including a decimal number) of days; and\n(b) the contractor pay rate must be worked out in accordance with\nthe Determinations.\n(7) The Registrar must reduce the applicant's LSL credits by the\namount of the redeemed credits if the Board decides to accept the\n(8) The Board must refuse the application if the Board is not satisfied\n(9) Whether the Board decides to accept or refuse the application, the\n(10) For this section:\n(a) a reference to an unused entitlement is a reference to so\nmuch of any previous entitlement of the contractor under\nsubsection (1) as has not been applied for payments of long\nservice benefits to the contractor; and\n\nConstruction Industry Long Service Leave and Benefits Act 2005 16\n(b) a reference to an amount mentioned in subsection (2)(a) or (b)\nfor a contractor who is also a registered employee is a\nreference to so much of that amount as is reduced by any\nentitlement of the contractor under section 18(1) that:\n(i) is based on the same LSL credits or additional LSL\ncredits mentioned in subsection (1)(a), (b) or (c) that\nrelate to that amount; and\n(ii) has been applied for payments of long service benefits\nto the contractor as a registered employee.\n","sortOrder":22},{"sectionNumber":"21","sectionType":"section","heading":"Long service benefit on deregistration","content":"21 Long service benefit on deregistration\n(1) This section applies in relation to a person if:\n(a) the person is deregistered under section 13(1)(a), (b) or (c)\nand had at least 32.5 days of LSL credits immediately before\nthe deregistration; or\n(b) the person is deregistered under section 13(1)(d) and had at\nleast one day of LSL credits immediately before the\nderegistration.\n(2) The deregistered person, or that person's personal representative if\nsubsection (1)(b) applies, may apply for a long service benefit for\nthe LSL credits.\n(3) The application must be:\n(a) made to the Board in an approved form; and\n(b) made within 4 years after the deregistration.\n(4) If the Board is satisfied that the applicant is entitled to make the\nbenefit for the LSL credits to the applicant; and\namount of the LSL credits by the relevant pay rate for the\nderegistered person.\n(5) For subsection (4):\n(a) the amount of the LSL credits must be expressed as a number\n(including a decimal number) of days; and\n\nConstruction Industry Long Service Leave and Benefits Act 2005 17\n(b) the relevant pay rate for the deregistered person is:\n(i) if the person was last credited with qualifying service\nwhen the person was an employee – the employee pay\nrate that would have been applicable to the person when\nthat credit was made; or\n(ii) if the person was last credited with qualifying service\nwhen the person was a contractor – the contractor pay\nrate that would have been applicable to the person when\nthat credit was made.\n(6) The Board must refuse the application if the Board is not satisfied\n(7) Whether the Board decides to accept or refuse the application, the\n(8) Except in exceptional circumstances allowed by the Board, the\nRegistrar must not register the deregistered person again as an\nemployee or as a contractor if the Board decides to accept the\n","sortOrder":23},{"sectionNumber":"22","sectionType":"section","heading":"Long service benefit on ceasing to carry out construction work","content":"22 Long service benefit on ceasing to carry out construction work\n(1) This section applies to a person who:\n(a) is a registered worker; and\n(b) has ceased to carry out construction work; and\n(c) has at least 45.5 days of LSL credits.\n(2) The person may apply for a long service benefit for an amount of\nLSL credits (the redeemed credits) that is all or part of the\nperson's LSL credits.\n(3) The application must be:\n(a) made to the Board in an approved form; and\n(b) made within 4 years after the applicant ceased to carry out\nconstruction work.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 18\n(4) If the Board is satisfied that the applicant is entitled to make the\nbenefit for the redeemed credits to the applicant; and\namount of the redeemed credits by the relevant pay rate for\nthe applicant.\n(5) For subsection (4):\n(a) the amount of the redeemed credits must be expressed as a\nnumber (including a decimal number) of days; and\n(b) the relevant pay rate for the applicant is:\n(i) if the applicant was last credited with qualifying service\nwhen the applicant was an employee – the employee\npay rate that would have been applicable to the\napplicant when that credit was made; or\n(ii) if the applicant was last credited with qualifying service\nwhen the applicant was a contractor – the contractor pay\nrate that would have been applicable to the applicant\nwhen that credit was made.\n(6) The Registrar must reduce the applicant's LSL credits by the\namount of the redeemed credits if the Board decides to accept the\n(7) The Board must refuse the application if the Board is not satisfied\n(8) Whether the Board decides to accept or refuse the application, the\n\nConstruction Industry Long Service Leave and Benefits Act 2005 19\n","sortOrder":24},{"sectionNumber":"23","sectionType":"section","heading":"Employee's obligation to provide information","content":"23 Employee's obligation to provide information\n(1) The Registrar may, for the purposes of maintaining the\nConstruction Workers Register, require a registered employee to\nprovide the Registrar with any specified information about the\nemployee's employment.\n(2) The employee must not, without reasonable excuse:\n(b) provide the Registrar with any information that is false or\nmisleading in relation to that requirement.\n","sortOrder":25},{"sectionNumber":"24","sectionType":"section","heading":"Contractor's obligation to report","content":"24 Contractor's obligation to report\n(1) A registered contractor must, within one month after the end of\neach reporting period (or within a longer period as the Registrar\nallows), provide a report in an approved form to the Registrar about:\n(a) the number of the contractor's days of service as a contractor\nin relation to the period to which the report relates; and\n(b) any other matters specified in the Determinations.\n(2) The registered contractor must not, without reasonable excuse:\n(b) include any information that is false or misleading in a report\nmade or purportedly made for subsection (1).\n(3) For subsection (1), each of the following is a reporting period:\n(a) 1 July to 31 December (inclusive) of each year;\n(b) 1 January to 30 June (inclusive) of each year.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 20\n","sortOrder":26},{"sectionNumber":"25","sectionType":"section","heading":"Construction Employers Register","content":"25 Construction Employers Register\n(1) There is to be a Construction Employers Register.\n(2) The Registrar must include in the Register the following information:\n(a) the name of each person who is a registered employer;\n(b) any other information about each registered employer as is\nrequired by the Determinations;\n(c) information about each registered employee employed by\neach registered employer as is required by the\n","sortOrder":27},{"sectionNumber":"26","sectionType":"section","heading":"Registration","content":"26 Registration\n(1) A person must apply to be registered as an employer within the\ntime mentioned in subsection (3) if the person:\n(a) employs one or more registered employees to carry out\nconstruction work in the Territory; and\n(b) is not any of the following:\n(i) the Territory, a local government council or a statutory\ncorporation;\n(ii) the Commonwealth, a State or a body corporate\nestablished for a public purpose by a law of the\nCommonwealth or of a State;\n(iii) any other person that is specified in the Determinations.\n(2) The application must be made to the Registrar in an approved form.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 21\n(3) The application must be made within:\n(a) if the person first meets the conditions in subsection (1)(a)\nand (b) when this Act commences – the period of 3 months\nstarting from that time or a longer period as the Registrar\nallows; or\n(b) if the person first meets the conditions in subsection (1)(a)\nand (b) at a time after this Act has commenced – the period of\none month starting from that time or a longer period as the\nRegistrar allows.\n(4) The Registrar must register the applicant as an employer if the\nRegistrar is satisfied that the applicant meets the requirements in\nsubsection (1).\n(5) The registration takes effect from the time when the registration is\nrecorded in the Construction Employers Register.\n(6) To avoid doubt:\n(a) a self-employed registered worker who does not employ any\nregistered employees is not required to be registered under\nthis section; and\n(b) the registration of a person under a reciprocal scheme does\nnot prevent the person from being registered under this\nsection.\n","sortOrder":28},{"sectionNumber":"27","sectionType":"section","heading":"Deregistration","content":"27 Deregistration\n(1) The Registrar must deregister a person as a registered employer if:\n(a) the person no longer meets the conditions in section 26(1)(a)\nand (b); and\n(b) the Registrar considers that it is unlikely that the person will\nemploy any registered employees to carry out construction\nwork in the Territory in the foreseeable future.\n(2) The person ceases to be a registered employer from the time when\nthe deregistration is recorded in the Construction Employers\nRegister.\n(3) The Registrar must give notice of the deregistration to the person.\n(4) This section does not prevent a deregistered person from being\nregistered again.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 22\n(5) The Registrar must not deregister a person as a registered\nemployer except in accordance with this section.\n","sortOrder":29},{"sectionNumber":"28","sectionType":"section","heading":"Obligation to report","content":"28 Obligation to report\n(1) A registered employer must, within one month after the end of each\nreporting period (or within a longer period as the Registrar allows),\nprovide a report in an approved form to the Registrar about:\n(a) the number of days of service of each registered employee\nemployed by the employer for that employment in relation to\nthe period to which the report relates; and\n(b) long service leave granted by the employer to any registered\nemployee during that period; and\n(c) any other matters specified in the Determinations.\n(2) Subsection (1)(a) does not apply in relation to an employee of the\nemployer who has less than 3 days of service for that employment\nin relation to that period.\n(3) The employer must not, without reasonable excuse:\n(b) include any information that is false or misleading in a report\nmade or purportedly made for subsection (1).\n(4) For subsection (1), each of the following is a reporting period:\n(a) 1 July to 31 December (inclusive) of each year;\n(b) 1 January to 30 June (inclusive) of each year.\n","sortOrder":30},{"sectionNumber":"29","sectionType":"section","heading":"Obligation to notify termination of employment","content":"29 Obligation to notify termination of employment\n(1) A registered employer must, within 14 days after the termination of\nthe employer's employment of a registered employee, notify the\nRegistrar of that termination in an approved form.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 23\n(2) Subsection (1) does not apply in relation to an employee who has\nless than 3 days of service for that employment.\n(3) The employer must not, without reasonable excuse, fail to comply\nwith subsection (1).\n","sortOrder":31},{"sectionNumber":"30","sectionType":"section","heading":"Obligation to keep records","content":"30 Obligation to keep records\n(1) A registered employer must, in accordance with the Determinations,\nkeep records about each registered employee employed by the\nemployer.\n(2) Without limiting subsection (1), the Determinations may require the\nkeeping of a record in relation to the employee's days of service for\nthat employment in relation to the period to which the record\nrelates.\n(3) Subsection (1) does not apply in relation to an employee of the\nemployer who has less than 3 days of service for that employment\nin relation to that period.\n(4) The employer must not, without reasonable excuse:\n(b) include any information that is false or misleading in a record\nkept or purportedly kept under subsection (1).\n","sortOrder":32},{"sectionNumber":"31","sectionType":"section","heading":"Annual certificate","content":"31 Annual certificate\n(1) The Registrar must, as soon as practicable after the end of each\nfinancial year, give each registered employer a certificate stating:\n(a) the names of each registered employee employed by the\nemployer during that year; and\n\nConstruction Industry Long Service Leave and Benefits Act 2005 24\n(b) that the employer is entitled to apply for a reconsideration or\nreview under Part 5, Division 4 in relation to:\n(i) the information in the certificate; or\n(ii) the information in the Construction Employers Register\nthat relates to the employer; and\n(c) any other matters as are required by the Determinations.\n(2) The certificate must be based on the information in the Construction\nEmployers Register.\n(3) The Registrar may correct any errors in the certificate by issuing a\nrevised certificate to the employer at a later time.\n","sortOrder":33},{"sectionNumber":"32","sectionType":"section","heading":"Imposition of levy","content":"32 Imposition of levy\n(1) A long service levy is imposed on any construction work:\n(a) that starts after this Act commences; and\n(b) the cost of which is at least:\n(i) $200 000; or\n(ii) if the Regulations prescribe an amount for this section –\nthat amount.\n(2) The levy is imposed on only so much of the construction work as is\nnot:\n(a) considered by the Board to be:\n(i) carried out for or by a body (whether incorporated or not)\nformed or carried on for a purpose other than pecuniary\ngains to its members; and\n(ii) attributable to voluntary labour or donated materials; or\n(b) construction work for a Class 1a(i) or Class 10 building under\nthe Building Code of Australia published by or on behalf of the\nAustralian Building Codes Board and as in force from time to\ntime; or\n\nConstruction Industry Long Service Leave and Benefits Act 2005 25\n(c) exempt by the Regulations.\n(3) Subsection (2)(b) has effect subject to the Regulations.\n","sortOrder":34},{"sectionNumber":"33","sectionType":"section","heading":"Amount of levy","content":"33 Amount of levy\n(1) The purpose of this section is to provide for the amount of the levy\nfor construction work in relation to which the levy is imposed.\n(2) The amount of the levy is as follows:\n(a) if the cost of the construction work is the threshold amount or\nless – the amount worked out by multiplying the cost of the\nconstruction work by the prescribed percentage;\n(b) if the cost of the construction work is more than the threshold\namount – the amount worked out by adding together:\n(i) for the threshold amount – the amount worked out by\nmultiplying the threshold amount by the prescribed\npercentage; and\n(ii) for the excess amount – the amount worked out by\nmultiplying the excess amount by the determined\npercentage for the particular construction work.\n(3) An amount calculated under subsection (2) is to be rounded to the\nnearest dollar (with 50c to be rounded downwards).\n(4) For subsection (2)(b)(ii), the Minister must, by Gazette notice,\ndetermine a percentage to apply to an excess amount for particular\nconstruction work.\n(5) Before determining a determined percentage for particular\nconstruction work, the Minister must ask the actuary to provide a\nreport under section 91(6) for that excess amount.\n(5A) The Minister must determine the determined percentage for\nparticular construction work:\n(a) after considering the report mentioned in subsection (5); and\n(b) so that the amount worked out under subsection (2)(b) is, in\nthe Minister's opinion, sufficient to yield the amount likely to be\nrequired to fund the long service benefits of the registered\nworkers who carry out the particular construction work.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 26\n(6) In this section:\ndetermined percentage means the percentage determined under\nthis section.\nexcess amount, in relation to construction work, means the\namount that is the cost of the construction work that exceeds the\nthreshold amount.\nExample for definition excess amount\nIf the total cost of construction work is $5.5 billion and the threshold amount is\n$5 billion, the excess amount of that work is $500 million.\nprescribed percentage means the percentage prescribed by\nregulation for this section.\nthreshold amount, in relation to construction work, means:\n(a) $5 billion; or\n(b) if a higher or lower amount is prescribed by regulation, that\namount.\n","sortOrder":35},{"sectionNumber":"34","sectionType":"section","heading":"Who must pay levy","content":"34 Who must pay levy\n(1) If:\n(a) construction work is to be carried out for one or more of the\nfollowing entities (an interstate government entity):\n(i) the Commonwealth;\n(ii) a State;\n(iii) a body corporate established for a public purpose by a\nlaw of the Commonwealth or of a State; and\n(b) one contractor is engaged by the entity or entities to carry out\nthe work,\nthe contractor is liable to pay the levy imposed on the work.\n(2) If:\n(a) construction work is to be carried out for one or more\ninterstate government entities; and\n(b) more than one contractor is engaged by the entity or entities\nto carry out the work,\n\nConstruction Industry Long Service Leave and Benefits Act 2005 27\neach contractor is liable to pay so much of the levy imposed on the\nwork as is attributable to that contractor's share of the work.\n(3) To avoid doubt, a reference to a contractor in subsection (1) or (2)\ndoes not include a reference to a subcontractor.\n(4) If construction work is to be carried out for a person who is not an\ninterstate government entity, the person is liable to pay the levy\nimposed on the work.\n(5) If construction work is to be carried out for more than one person all\nof whom are not interstate government entities, the Board may,\nhaving regard to the matters set out in subsection (6), decide that:\n(a) each person is liable to pay so much of the levy imposed on\nthe work as is attributable to the person's share of the interest\nin the work; or\n(b) each person is jointly and severally liable to pay the levy\nimposed on the work; or\n(c) only some of those persons are liable to pay the levy imposed\non the work and that each of them is liable to pay the levy as\nprovided by paragraph (a) or (b); or\n(d) only one person is liable to pay the levy imposed on the work.\n(6) The Board must have regard to all of the following matters when\nmaking a decision under subsection (5):\n(a) the extent to which a person provides the funding for the work;\n(b) the extent to which a person has the ownership or control of,\nor any interest in, the work or the site of the work;\n(c) the extent to which a person derives any direct or indirect\nbenefit from the work;\n(d) any other circumstances that the Board considers relevant.\n(7) The Regulations may make provision, consistent with this section,\nabout:\n(a) the application of any of the provisions in subsections (1)\nto (6) (inclusive); or\n(b) the liability of a person to pay the levy in circumstances not\ncovered by any of the provisions in subsections (1) to (6)\n(inclusive).\n\nConstruction Industry Long Service Leave and Benefits Act 2005 28\n","sortOrder":36},{"sectionNumber":"35","sectionType":"section","heading":"When levy must be paid","content":"35 When levy must be paid\n(1) A person who is liable to pay an amount of the levy for construction\nwork commits an offence if:\n(a) the person engages in conduct; and\n(b) the result of the conduct is that the amount of the levy is not\npaid to the Board:\n(i) for a levy mentioned in section 33(2)(a), or the part of a\nlevy mentioned in section 33(2)(b)(i):\n(A) before the construction work starts; or\n(B) if the Board allows a later time for the payment of\nthe levy under section 44, 46 or 48 – at or before\nthe later time; or\n(ii) for the part of a levy mentioned in section 33(2)(b)(ii) –\nwithin 90 days after the notice under section 33(4) is\npublished in the Gazette.\n(2) Strict liability applies to subsection (1)(b).\n","sortOrder":37},{"sectionNumber":"36","sectionType":"section","heading":"When construction work starts and ends","content":"36 When construction work starts and ends\nUnless the Board otherwise decides, the time at which construction\nwork starts or ends is the time at which the work starts or ends (as\nthe case may be) at the site of the work.\n","sortOrder":38},{"sectionNumber":"37","sectionType":"section","heading":"Cost of construction work","content":"37 Cost of construction work\n(1) The cost of construction work is:\n(a) the total contract prices for all the construction contracts in\nrelation to the work (the contract price for the work); or\n(b) the amount decided by the Board to be the total cost of the\nwork, where:\n(i) there is no contract price for the work; or\n(ii) the Board considers that the contract price for the work\ndoes not reflect the total cost of the work.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 29\n(2) Except as the Regulations otherwise provide, for subsection (1)(a),\nconstruction contract has the same meaning as in the Construction\nContracts (Security of Payments) Act 2004.\n(3) Without limiting subsection (1)(b), in deciding the total cost of the\nwork, the Board must take into account:\n(a) the cost of labour, materials (including prefabricated goods\nand installation), equipment, design, project management,\nconsultancy and any other cost that directly or indirectly\nrelates to the work; and\n(b) if the construction work is to be carried out in stages or under\na number of contracts or other arrangements – the total cost in\nrelation to those stages, contracts or arrangements.\n","sortOrder":39},{"sectionNumber":"38","sectionType":"section","heading":"Person for whom construction work carried out","content":"38 Person for whom construction work carried out\n(1) The Board may decide who is to be treated as a person for whom\nconstruction work is to be carried out, having regard to all of the\nfollowing:\n(a) whether or not the person provides the funding for the work;\n(b) whether or not the person has the ownership or control of, or\nany interest in, the work or the site of the work;\n(c) whether or not the person derives any direct or indirect benefit\nfrom the work;\n(d) any other circumstances that the Board considers relevant.\n(2) For subsection (1), the Board may, by written notice, require a\nperson to provide the Board with any specified information,\ndocument or thing in order to identify a person for whom\nconstruction work is to be carried out.\n(3) The person to whom the notice is given must not, without\nreasonable excuse:\n(b) provide the Board with any information in relation to that\nrequirement that the person knows to be false or misleading;\nor\n\nConstruction Industry Long Service Leave and Benefits Act 2005 30\n(c) unless subsection (4) applies, give a document or thing to the\nBoard knowing that it contains false or misleading information.\n(4) This subsection applies if the person, when giving the document or\nthing:\n(a) tells the Board, to the best of the person's ability, how the\ndocument or thing contains false or misleading information;\nand\n(b) if the person has, or can reasonably obtain, the correct\ninformation – gives the correct information to the Board.\n","sortOrder":40},{"sectionNumber":"39","sectionType":"section","heading":"Board may order work to stop","content":"39 Board may order work to stop\n(1) This section applies to a person who:\n(a) is liable to pay an amount of the levy for construction work;\nand\n(b) fails to pay that amount when it becomes payable.\n(2) Despite any other law in force in the Territory, the Board may,\nhaving regard to the circumstances of the case, order that the work\nbe stopped from a specified time until the amount is paid.\n(3) The Board may do so by notice given to:\n(a) the person; and\n(b) if the person does not carry out the work – a person who is\ncarrying out the work (other than a construction worker).\n(4) A person carrying out the work and to whom the notice is given\nmust comply with the notice.\n200 penalty units and a default penalty of\n2 penalty units per day.\n1 000 penalty units and a default penalty of\n10 penalty units per day.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 31\n(5) For subsection (4), if a court is satisfied that:\n(a) a person is guilty of an offence against that subsection; and\n(b) the offence continued to be committed after the first day on\nwhich it was committed,\nthe court may, in addition to the penalty for the offence, impose the\ndefault penalty for each day during which the offence continued to\nbe committed after the first day on which it was committed.\n","sortOrder":41},{"sectionNumber":"40","sectionType":"section","heading":"Obligation to notify – person for whom work carried out","content":"40 Obligation to notify – person for whom work carried out\n(1) The person for whom construction work is to be carried out must\ngive notice to the Board about the work in an approved form before\nthe work starts.\n(2) Subsection (1) does not apply if:\n(a) no levy is imposed on the work because of section 32(1); or\n(b) the work or the person is exempt by the Regulations for this\nsection.\n(3) A person who contravenes subsection (1) is guilty of an offence.\n","sortOrder":42},{"sectionNumber":"41","sectionType":"section","heading":"Obligation to notify – Territory etc.","content":"41 Obligation to notify – Territory etc.\n(1) This section applies if:\n(a) the Territory, a local government council or a statutory\ncorporation (the relevant entity) is to carry out construction\nwork; and\n(b) the levy is imposed on the construction work.\n(2) The relevant entity must give notice to the Board about the work in\nan approved form before the work starts.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 32\n(3) The relevant entity is not required to give notice under\nsubsection (2) if:\n(a) the relevant entity:\n(i) is also required to give notice under section 40 in\nrelation to the work; and\n(ii) has given that notice; or\n(b) the relevant entity has entered into an arrangement with the\nBoard for an alternative process of notifying the Board about\nthe work.\n","sortOrder":43},{"sectionNumber":"42","sectionType":"section","heading":"Disclosure of information","content":"42 Disclosure of information\n(1) This section applies if the Board reasonably believes that a person\nhas not paid the full amount of the levy that the person is liable to\npay.\n(2) For subsection (1), the Board may, by written notice, require a\nperson to provide the Board with any specified information,\ndocument or thing in order to work out that full amount.\n(3) The person must not, without reasonable excuse:\n(b) provide the Board with any information in relation to that\nrequirement that the person knows to be false or misleading;\nor\n(c) unless subsection (4) applies, give a document or thing to the\nBoard knowing that it contains false or misleading information.\n(4) This subsection applies if the person, when giving the document or\nthing:\n(a) tells the Board, to the best of the person's ability, how the\ndocument or thing contains false or misleading information;\nand\n(b) if the person has, or can reasonably obtain, the correct\ninformation – gives the correct information to the Board.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 33\n","sortOrder":44},{"sectionNumber":"43","sectionType":"section","heading":"Levy collectors","content":"43 Levy collectors\n(1) The Board may enter into an agreement with an agent appointed by\nthe Board for the collection of the levy.\n(2) The agreement may provide for the payment of remuneration for\nthe agent.\n","sortOrder":45},{"sectionNumber":"44","sectionType":"section","heading":"Payment by instalments","content":"44 Payment by instalments\n(1) A person who is liable to pay an amount of the levy (other than an\namount worked out under section 33(2)(b)(ii)) may apply to the\nBoard for the payment to be made by instalments if:\n(a) the amount of the levy exceeds the amount prescribed by the\nRegulations for this subsection; and\n(b) the time reasonably needed to carry out the construction work\nexceeds one year.\n(2) The Board may approve or refuse the application.\n(3) If the Board approves the application:\n(a) the first instalment:\n(i) must not be less than the amount prescribed for\nsubsection (1)(a); and\n(ii) must be paid to the Board at or before the time when the\namount of the levy would, apart from this section, be\npayable by the person; and\n(b) each subsequent instalment:\n(i) must be equal to the amount decided by the Board and\nnotified to the person; and\n(ii) must be paid within the time decided by the Board and\nnotified to the person.\n(4) A time decided by the Board for subsection (3)(b)(ii) must be before\nthe construction work ends.\n(5) An instalment:\n(a) does not bear interest under section 45; and\n(b) is not recoverable under section 47.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 34\n(6) However, if a person fails to pay an instalment in accordance with\nsubsection (3):\n(a) the approval under this section ceases to have effect; and\n(b) the amount of the levy that remains unpaid by the person:\n(i) immediately becomes payable; and\n(ii) starts to bear interest under section 45; and\n(iii) is recoverable under section 47.\n(7) Subsection (6) does not apply if the Board is satisfied that the\nsubsection should not apply because of the special circumstances\nof the case.\n","sortOrder":46},{"sectionNumber":"45","sectionType":"section","heading":"Interest payments","content":"45 Interest payments\n(1) Any unpaid amount of the levy starts to bear interest at the rate\nspecified in the Regulations immediately after the amount becomes\npayable.\n(2) An unpaid amount of the interest:\n(a) must not be treated as an unpaid amount of the levy for\nsubsection (1); but\n(b) is taken to be an unpaid amount of the levy for all other\npurposes.\n(3) Without limiting subsection (2)(b), an unpaid amount of the interest\nmay be recovered under section 47.\n","sortOrder":47},{"sectionNumber":"46","sectionType":"section","heading":"Assessment of levy","content":"46 Assessment of levy\n(1) The Board may make an assessment of the amount or additional\namount of the levy that is payable by a person (other than an\namount worked out under section 33(2)(b)(ii)) if the Board considers\nthat the person:\n(a) is liable to pay an amount of the levy; but\n(b) has not paid that amount or fully paid that amount.\n(2) After making the assessment, the Board may give a notice of the\nassessment to the person, stating:\n(a) the amount or additional amount that the person is liable to\npay; and\n\nConstruction Industry Long Service Leave and Benefits Act 2005 35\n(b) the time (other than a time before the construction work starts)\nby which it must be paid.\n(3) The person must pay the amount or additional amount in\naccordance with the notice.\n","sortOrder":48},{"sectionNumber":"47","sectionType":"section","heading":"Recovery of levy","content":"47 Recovery of levy\nAn amount of the levy:\n(a) is a debt due to the Board from the time when the amount\nbecomes payable; and\njurisdiction by:\n(i) the Board; or\n(ii) a person appointed by the Board to act on its behalf.\n","sortOrder":49},{"sectionNumber":"48","sectionType":"section","heading":"Board's power to extend time for payment etc.","content":"48 Board's power to extend time for payment etc.\nDespite any other provisions in this Part, the Board may, in special\ncircumstances, direct that:\n(a) the time for the payment of an amount of the levy (other than\nan amount worked out under section 33(2)(b)(ii)) by a person\nbe changed to a later time that is decided by the Board; or\n(b) an amount of the levy (other than an amount worked out under\nsection 33(2)(b)(ii)) be payable by a person in instalments,\nand at intervals, decided by the Board; or\n(c) the amount of any interest payable under section 45 by a\nperson be waived or reduced by an amount that is decided by\nthe Board.\n","sortOrder":50},{"sectionNumber":"49","sectionType":"section","heading":"Effect of penalty payments","content":"49 Effect of penalty payments\nTo avoid doubt, the payment of a penalty as a result of the\ncommission of an offence against a provision in this Act does not\nrelieve a person from a liability to pay an amount of the levy.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 36\n","sortOrder":51},{"sectionNumber":"50","sectionType":"section","heading":"Notification about decision","content":"50 Notification about decision\n(1) If the Board makes a decision that relates to a person's liability to\npay the levy, the Board must provide the person with a notice\nstating:\n(c) that the person is entitled to apply for a reconsideration or\n(2) Without limiting subsection (1), any of the following is a decision\nthat relates to a person's liability to pay the levy:\n(a) a decision that a person is liable to pay a particular amount of\nthe levy;\n(b) a decision to treat a person as a person for whom construction\nwork is to be carried out;\n(c) a decision that the construction work carried out by or for a\nperson starts or ends on a particular day;\n(d) a decision about the total cost of the construction work that is\ncarried out by or for a person;\n(e) a decision to refuse a person's application to pay an amount\nof the levy by instalments.\n","sortOrder":52},{"sectionNumber":"51","sectionType":"section","heading":"General offence","content":"51 General offence\nA person must not engage in an act (including an omission) with the\nintention of avoiding the person's obligations under this Part.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 37\n","sortOrder":53},{"sectionNumber":"Div 6","sectionType":"division","heading":"Contribution for pre-commencement construction","content":"Division 6 Contribution for pre-commencement construction\nwork\n","sortOrder":54},{"sectionNumber":"52","sectionType":"section","heading":"Pre-commencement construction work","content":"52 Pre-commencement construction work\n(1) This section applies to any construction work that:\n(a) started before the commencement of this Act; and\n(b) is carried out by persons some or all of whom are registered\nworkers.\n(2) The Board may enter into an arrangement with a person who would\nhave been liable to pay an amount of the levy for the work if the\nwork had started after the commencement of this Act.\n(3) The arrangement may provide for payments to be made by the\nperson to the Board for the registered workers' entitlements under\nthis Act.\n(4) The Regulations may make provision, consistent with this Act,\nabout such an arrangement.\n","sortOrder":55},{"sectionNumber":"53","sectionType":"section","heading":"Establishment of Board","content":"53 Establishment of Board\n(1) There is to be a Board for the Scheme.\n(2) The Board is to be known by its corporate name NT Build.\n(3) The Board:\n(a) is a body corporate; and\n(b) has a common seal; and\n(c) is capable, in its corporate name, of acquiring, holding and\ndisposing of real and personal property and of suing and being\nsued.\n(4) All courts, judges and persons acting judicially must:\n(a) take judicial notice of the common seal of the Board affixed to\na document; and\n(b) presume that the seal was duly affixed.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 38\n","sortOrder":56},{"sectionNumber":"54","sectionType":"section","heading":"Constitution of Board","content":"54 Constitution of Board\n(1) The Board consists of at least 5 but not more than 7 members\nappointed by the Minister.\n(2) The Minister must appoint the following 5 Board members:\n(a) the Chairperson;\n(b) 4 other members.\n(3) The Minister may appoint up to 2 additional Board members.\n(3A) The Minister may appoint a person to be a Board member under\nsubsection (2) or (3) only if the Minister is satisfied that the person\nholds suitable qualifications, or has suitable knowledge or\nexperience, relating to the functions of the Board.\n(3B) Not more than 2 Board members may be public sector employees.\n(4) A Board member holds office for the period (not exceeding 5 years)\nspecified in the appointment and is eligible for re-appointment.\n","sortOrder":57},{"sectionNumber":"55","sectionType":"section","heading":"Functions of Board","content":"55 Functions of Board\nThe functions of the Board are:\n(a) to administer the Scheme; and\n(b) to advise and make recommendations to the Minister about\nthe operation of this Act.\n","sortOrder":58},{"sectionNumber":"56","sectionType":"section","heading":"Powers of Board","content":"56 Powers of Board\n(1) The Board may do everything necessary and convenient to be done\nfor the performance of its functions.\n(2) Without limiting subsection (1), the Board has the power to:\n(a) enter into any agreements (including agreements to borrow or\ninvest money); and\n(b) engage persons to assist the Board in exercising a power or\nperforming a function under this Act; and\n(c) give effect to reciprocal agreements.\n(3) This section has effect subject to sections 64(2), 67 and 73.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 39\n","sortOrder":59},{"sectionNumber":"57","sectionType":"section","heading":"Board may make determinations","content":"57 Board may make determinations\n(1) The Board may, consistent with this Act, make determinations (the\nDeterminations) prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) The Board must make the Determinations in consultation with the\nRegistrar.\n(3) The Determinations are taken to be:\n(a) subordinate legislation to which section 57 of the Interpretation\nAct 1978 applies; and\n(b) rules to which sections 63A to 63C of that Act apply.\n","sortOrder":60},{"sectionNumber":"58","sectionType":"section","heading":"How Board must exercise powers and perform functions","content":"58 How Board must exercise powers and perform functions\nThe Board must exercise its powers and perform its functions in a\nmanner that:\n(a) is reasonable; and\n(b) accords with and furthers the object of this Act.\n","sortOrder":61},{"sectionNumber":"59","sectionType":"section","heading":"Persons assisting Board","content":"59 Persons assisting Board\nIn exercising its powers or performing its functions, the Board may\nbe assisted by:\n(a) the Registrar; and\n(b) any person who:\n(i) is an employee within the meaning of the Public Sector\nEmployment and Management Act 1993; and\n(ii) is made available to the Board with the agreement of the\nCommissioner for Public Employment; and\n(c) any other person engaged by the Board.\n","sortOrder":62},{"sectionNumber":"60","sectionType":"section","heading":"Delegation","content":"60 Delegation\n(1) The Board may delegate any of its powers or functions to a person\nmentioned in section 59(a), (b) or (c).\n\nConstruction Industry Long Service Leave and Benefits Act 2005 40\n(2) The delegation must be in writing.\n","sortOrder":63},{"sectionNumber":"61","sectionType":"section","heading":"Acting appointment","content":"61 Acting appointment\n(1) The Minister may appoint a person to act as a Board member if a\nBoard member (the absent member) is absent or otherwise unable\nto perform the functions of the member.\n(2) However, the person appointed to act as a Board member must be\na person who could otherwise be appointed to be a Board member\nunder section 54(3A).\n","sortOrder":64},{"sectionNumber":"62","sectionType":"section","heading":"Vacation of office","content":"62 Vacation of office\nA Board member vacates the member's office if:\n(a) the term of the office expires; or\n(b) the member resigns by writing signed by the member and\ndelivered to the Minister; or\n(c) the Minister terminates the member's appointment.\n","sortOrder":65},{"sectionNumber":"63","sectionType":"section","heading":"Termination of appointment","content":"63 Termination of appointment\n(1) The Minister may terminate a Board member's appointment on the\ngrounds of inability, inefficiency, misbehaviour or physical or mental\nincapacity.\n(2) The Minister must terminate a Board member's appointment if the\nmember:\n(a) becomes bankrupt, applies to take the benefit of a law for the\nrelief of bankrupt or insolvent debtors, compounds with\ncreditors or makes an assignment of the member's\nremuneration for their benefit; or\n(b) is convicted in Australia of an offence punishable by\nimprisonment for 12 months or longer; or\n(c) is absent, except on leave granted by the Minister, from\n3 consecutive meetings of the Board; or\n(d) fails to comply with section 65(1) or (3).\n","sortOrder":66},{"sectionNumber":"64","sectionType":"section","heading":"Board meetings","content":"64 Board meetings\n(1) The Chairperson must convene as many Board meetings as are\nnecessary for the Board to exercise its powers or to perform its\nfunctions.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 41\n(2) The Minister may direct the Chairperson to convene a meeting to\ndeal with any matter specified by the Minister.\n(3) The Chairperson must comply with the direction.\n(4) At a Board meeting, 4 Board members constitute a quorum.\n(5) The Board must keep accurate minutes of the Board meetings.\n(6) The Chairperson is the presiding member of a Board meeting.\n(7) However, if the Chairperson is absent from a Board meeting, the\nBoard members present at the meeting must elect one of those\nmembers to be the presiding member.\n(8) At a Board meeting, the presiding member:\n(a) has a deliberative vote; and\n(b) in the event of an equality of votes, also has a casting vote.\n","sortOrder":67},{"sectionNumber":"65","sectionType":"section","heading":"Disclosure of interest","content":"65 Disclosure of interest\n(1) If a Board member has a direct or indirect interest in a matter being\nconsidered or about to be considered by the Board, the member\nmust disclose the nature of the interest in a Board meeting as soon\nas practicable after the relevant facts come to the member's\nknowledge.\n(2) The disclosure must be recorded in the Board's minutes.\n(3) The member must not, while having that interest:\n(a) take part in any deliberation or decision of the Board relating\nto that matter; or\n(b) form part of the quorum of the Board in any deliberation or\ndecision of the Board relating to that matter.\n(4) However, subsection (3) does not apply if the Board resolves that\nthe subsection does not apply to the member.\n(5) Despite such a resolution, the member may refuse to take part in\nany deliberation or decision of the Board relating to that matter.\n(6) The Board must maintain a register of the interests of the Board\nmembers.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 42\n","sortOrder":68},{"sectionNumber":"66","sectionType":"section","heading":"Provision of information to Minister","content":"66 Provision of information to Minister\n(1) The Minister may request the Board to provide the Minister with any\ninformation about the administration of the Scheme (including\ninformation about the Board's financial position or financial affairs)\nas is specified by the Minister.\n(2) The Board must comply with the request.\n","sortOrder":69},{"sectionNumber":"67","sectionType":"section","heading":"Direction by Minister","content":"67 Direction by Minister\n(1) The Minister may give any direction to the Board about the exercise\nof any of its powers or the performance of any of its functions.\n(2) The Board must comply with the direction.\n(3) The Minister must table in the Legislative Assembly a copy of the\ndirection within 6 sitting days after making the direction.\n(4) The annual report of the Board prepared under section 68 for a\nfinancial year must include a record of each direction given under\nsubsection (1) in that year.\n","sortOrder":70},{"sectionNumber":"68","sectionType":"section","heading":"Annual report","content":"68 Annual report\n(1) For each financial year, the Board must prepare an annual report\non its operation during that year.\n(2) The report must include:\n(a) each record that is required to be included in the report under\nsection 67(4); and\n(b) financial statements relating to the Board's operation for that\nyear; and\n(c) the Auditor-General's report on the financial statements that is\nprovided to the Board under section 69.\n(3) The financial statements must:\n(a) be in a form that is approved by the Treasurer; and\n(b) unless the Treasurer otherwise directs – be prepared\naccording to commercial accounting principles.\n(4) The Board must provide the Minister with the annual report\nwithin:\n(a) one month after receiving the Auditor-General's report; or\n\nConstruction Industry Long Service Leave and Benefits Act 2005 43\n(b) if another period is specified by the Minister – that period.\n(5) The Minister must table in the Legislative Assembly a copy of the\nannual report within 6 sitting days after receiving that report.\n","sortOrder":71},{"sectionNumber":"69","sectionType":"section","heading":"Board to provide Auditor-General with financial statements","content":"69 Board to provide Auditor-General with financial statements\n(1) The Board must provide the Auditor-General with the financial\nstatements that are to be included in an annual report prepared\nunder section 68 for a financial year.\n(2) The Board must do so within:\n(a) 2 months after the end of that year; or\n(b) if another period is specified by the Minister – that period.\n(3) The Auditor-General must:\n(a) audit the financial statements; and\n(b) report to the Board on the financial statements.\n(4) The Auditor-General must do so within:\n(a) 2 months after receiving the financial statements; or\n(b) if another period is specified by the Administrator – that\nperiod.\n","sortOrder":72},{"sectionNumber":"70","sectionType":"section","heading":"Money of Board","content":"70 Money of Board\n(1) The money of the Board consists of:\n(a) amounts of the levy paid to the Board; and\n(b) amounts borrowed by the Board; and\n(c) proceeds from the Board's investments; and\n(d) amounts paid to the Board under reciprocal agreements; and\n(e) amounts paid to the Board under an arrangement under\nsection 52; and\n(f) any other amounts received by the Board.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 44\n(2) The money of the Board can only be applied for the following\npurposes:\n(a) payments of long service benefits;\n(b) expenses incurred in administering the Scheme;\n(c) borrowings by the Board;\n(d) investments by the Board;\n(e) payments to reciprocal authorities under reciprocal\nagreements;\n(f) any other payments in relation to the Scheme.\n(3) The money of the Board can only be applied with the Board's\nauthority.\n","sortOrder":73},{"sectionNumber":"71","sectionType":"section","heading":"Account keeping etc.","content":"71 Account keeping etc.\n(1) The Board must ensure that:\n(a) proper accounts and records of the Board's transactions and\nfinancial affairs are kept; and\n(b) there are adequate controls over the incurring of the Board's\nliabilities; and\n(c) all payments out of the Board's money are correctly made and\nproperly authorised; and\n(d) adequate control is maintained over:\n(i) the Board's property; and\n(ii) property in the Board's custody, control or management.\n(2) The Treasurer may request the Board to provide the Treasurer with\nany information that the Treasurer reasonably requires to\naccurately assess the Board's financial position or financial affairs.\n(3) The Board must comply with the request.\n","sortOrder":74},{"sectionNumber":"72","sectionType":"section","heading":"Refund or additional payment","content":"72 Refund or additional payment\n(1) The Board must pay to a person:\n(a) any amount (including all or part of an amount of the levy) that\nthe person has overpaid to the Board; or\n\nConstruction Industry Long Service Leave and Benefits Act 2005 45\n(b) any amount (including all or part of an amount of a long\nservice benefit) that the Board has underpaid to the person.\n(2) The Board must make the payment as soon as practicable after the\nBoard becomes aware of the overpayment or underpayment.\n","sortOrder":75},{"sectionNumber":"73","sectionType":"section","heading":"Treasurer's approval","content":"73 Treasurer's approval\n(1) The Board may only borrow money on terms and conditions\napproved by the Treasurer.\n(2) The Treasurer may, in writing, specify classes of investment in\nwhich the Board may invest its money without the Treasurer's\napproval.\n(3) The Board:\n(a) may, without the Treasurer's approval, invest its money in an\ninvestment of a class that is specified under subsection (2);\nand\n(b) may only invest its money in any other investment with the\nTreasurer's approval.\n","sortOrder":76},{"sectionNumber":"74","sectionType":"section","heading":"Prudential and other standards","content":"74 Prudential and other standards\n(1) The Regulations may make provision, consistent with this Act,\nabout the prudential and other standards for the administration of\nthe Scheme.\n(2) Without limiting subsection (1), the Regulations may specify:\n(a) the prudential and other standards that the Board must apply\nin administering the Scheme; and\n(b) the procedures for the monitoring or enforcement of those\nstandards, including the appointment of persons to carry out\nthe monitoring.\n","sortOrder":77},{"sectionNumber":"75","sectionType":"section","heading":"Effect of non-compliance","content":"75 Effect of non-compliance\n(1) The validity of an act of the Board is not affected by a failure to:\n(a) comply with a direction of the Minister that is given under\nsection 64(2) or 67; or\n(b) obtain an approval of the Treasurer as required by section 73.\n(2) Without limiting subsection (1), the validity of a contract for an\ninvestment mentioned in section 73(3)(b) is not affected by a failure\nof the Board to obtain an approval of the Treasurer for that contract.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 46\n","sortOrder":78},{"sectionNumber":"76","sectionType":"section","heading":"Appointment of Registrar","content":"76 Appointment of Registrar\n(1) The Board must appoint a person to be the Registrar for the\nScheme.\n(2) The Registrar must be a person who:\n(a) is an employee within the meaning of the Public Sector\nEmployment and Management Act 1993; and\n(b) is made available to the Board with the agreement of the\nCommissioner for Public Employment.\n","sortOrder":79},{"sectionNumber":"77","sectionType":"section","heading":"Registrar's powers and functions","content":"77 Registrar's powers and functions\n(1) The Registrar:\n(a) must administer the Scheme (including exercising the\nRegistrar's powers and performing the Registrar's functions\nunder this Act) in accordance with any direction given by the\nBoard; and\n(b) may exercise any of the Board's powers or perform any of the\nBoard's functions as is authorised by the Board.\n(2) Without limiting subsection (1), the Registrar must, in accordance\nwith any direction given by the Board, maintain:\n(a) the Construction Workers Register; and\n(b) the Construction Employers Register.\n","sortOrder":80},{"sectionNumber":"78","sectionType":"section","heading":"Delegation","content":"78 Delegation\n(1) The Registrar may delegate any of the Registrar's powers or\nfunctions to a person mentioned in section 59(b) or (c).\n(2) The delegation must be in writing.\n","sortOrder":81},{"sectionNumber":"79","sectionType":"section","heading":"Approved forms","content":"79 Approved forms\nThe Registrar may approve forms for this Act.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 47\n","sortOrder":82},{"sectionNumber":"80","sectionType":"section","heading":"Inspection","content":"80 Inspection\n(1) The Registrar may carry out inspections for the purposes of\nmonitoring compliance with this Act, including compliance with this\nAct by any of the following persons:\n(a) construction workers;\n(b) persons who employ or engage construction workers;\n(c) persons (other than construction workers) who carry out or are\nto carry out construction work;\n(d) persons for whom construction work is or is to be carried out.\n(2) The Registrar may:\n(a) at any reasonable time, enter a place (including residential\npremises) which the Registrar reasonably believes to be\noccupied for a purpose that relates to:\n(i) the employment or engagement of construction workers;\nor\n(ii) construction work on which the levy is or may be\nimposed; or\n(b) require a person at that place to provide the Registrar with any\ninformation or records relating to that employment,\nengagement or construction work (as the case requires); or\n(c) make copies of such records; or\n(d) operate any electronic equipment at the place for the\npurposes of retrieving such records.\n(3) Subject to subsection (4), a person must not, without reasonable\nexcuse:\n(a) obstruct, resist or hinder the Registrar from doing any of the\nthings mentioned in subsection (2); or\n(b) fail to comply with a requirement given to the person by the\nRegistrar for the purposes of doing any of those things; or\n\nConstruction Industry Long Service Leave and Benefits Act 2005 48\n(c) fail to comply with a requirement mentioned in\nsubsection (2)(b).\n(4) If the Registrar enters a place without producing the Registrar's\nidentity card when requested to do so:\n(a) the Registrar is not authorised to remain at that place; and\n(b) a person is not required to comply with a requirement\nmentioned in subsection (3)(b) or (c).\n","sortOrder":83},{"sectionNumber":"81","sectionType":"section","heading":"Registrar may require provision of information","content":"81 Registrar may require provision of information\n(1) The Registrar may, by written notice:\n(a) require a person who employs or engages construction\nworkers to provide the Registrar with any information relating\nto that employment or engagement; or\n(b) require any of the following persons to provide the Registrar\nwith any information relating to construction work on which the\nlevy is or may be imposed:\n(i) a person who carries out or is to carry out the work;\n(ii) a person for whom the work is or is to be carried out.\n(2) A person to whom the notice is given must not, without reasonable\nexcuse:\n(a) fail to comply with the requirement within 14 days after\nreceiving the notice; or\n(b) provide the Registrar with any information that the person\nknows to be false or misleading in relation to that requirement.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 49\n","sortOrder":84},{"sectionNumber":"82","sectionType":"section","heading":"Identity cards","content":"82 Identity cards\n(1) When performing the Registrar's functions under section 80, the\nRegistrar must carry an identity card provided by the Board that:\n(a) states the name and office of the Registrar; and\n(b) includes a photograph of the Registrar; and\n(c) contains:\n(i) the signature of the Registrar; and\n(ii) the verification of that signature by the Board.\n(2) If a delegate of the Registrar performs the Registrar's functions\nunder section 80, the delegate must carry an identity card provided\nby the Registrar that:\n(a) states the name and office of the delegate; and\n(b) specifies the delegation under which the delegate may\nexercise the Registrar's powers or perform the Registrar's\nfunctions; and\n(c) includes a photograph of the delegate; and\n(d) contains:\n(i) the signature of the delegate; and\n(ii) the verification of that signature by the Registrar.\n(3) A person who ceases to be a delegate of the Registrar must\nimmediately return the delegate's identity card to the Registrar.\nMaximum penalty: 20 penalty units.\n","sortOrder":85},{"sectionNumber":"83","sectionType":"section","heading":"Application","content":"83 Application\nThis Division applies in relation to the following decisions:\n(a) a decision to refuse to register a person under section 12;\n(b) a decision to deregister a person under section 13(1)(a);\n\nConstruction Industry Long Service Leave and Benefits Act 2005 50\n(c) a decision to:\n(i) refuse an application by a person for a long service\nbenefit under section 19, 20, 21 or 22; or\n(ii) pay a long service benefit to a person under section 19,\n20, 21 or 22; or\n(iii) require an employer to pay an amount for the recognition\nof a previous service under section 95 or 96;\n(d) a decision that relates to a person's liability to pay the levy\n(see section 50);\n(e) a decision concerning the information included in an annual\ncertificate that is given to a person;\n(f) a decision concerning the information about a person who is a\nregistered worker that is included in the Construction Workers\nRegister;\n(g) a decision concerning the information about a person who is a\nregistered employer that is included in the Construction\nEmployers Register.\n","sortOrder":86},{"sectionNumber":"84","sectionType":"section","heading":"Reconsideration by Board","content":"84 Reconsideration by Board\n(1) A person may apply to the Board for the reconsideration of a\ndecision to which this Division applies if the person:\n(a) is the person mentioned in section 83(a), (b), (c), (d), (e), (f)\nor (g) in relation to the decision; and\n(b) is dissatisfied with the decision.\n(2) An application by a person for a reconsideration of a decision\nmentioned in section 83(a), (b), (c) or (d) must be made within 28\ndays after the notice for the decision is given to the person.\n(3) An application by a person for a reconsideration of a decision\nmentioned in section 83(e) must be made within 45 days after the\nannual certificate is given to the person.\n(4) An application by a person for a reconsideration of a decision\nmentioned in section 83(f) or (g) may be made at any time.\n(5) An application must be made in an approved form.\n(6) On receiving the application, the Board may reconsider the decision\nas it thinks fit.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 51\n(7) The application does not affect the operation or implementation of\nthe decision.\n(8) However, the Board may make another decision staying or\notherwise affecting the operation or implementation of so much of\nthe decision as the Board considers appropriate to effectively\ndecide the application.\n(9) The other decision:\n(a) is subject to the conditions specified in it; and\n(b) has effect:\n(i) for the period specified by the Board; or\n(ii) if no period is specified by the Board – until the\napplication is decided.\n(10) The Board is taken to have refused the application if the Board fails\nto give the applicant a notice of its decision on the application within\n30 days after it received the application.\n","sortOrder":87},{"sectionNumber":"85","sectionType":"section","heading":"Review by Court","content":"85 Review by Court\n(1) A person who has applied for a reconsideration under section 84\nmay apply to the Local Court for a review of the Board's decision on\nthe reconsideration if the person is dissatisfied with that decision.\n(2) The application must be made within:\n(a) 28 days after the Board gives a notice of that decision if the\nnotice is given within 30 days after the Board received the\napplication for the reconsideration; or\n(b) in any other case – a longer period that is specified in the\nRegulations.\n(3) The Court may conduct the review as it thinks fit.\n(4) In reviewing that decision, the Court may:\n(a) affirm the decision; or\n(b) set aside the decision and substitute a new decision.\n(5) The Court must give reasons for its decision.\n(6) The application for the review of the Board's decision does not\naffect the operation or implementation of the decision.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 52\n(7) However, the Court may make an order staying or otherwise\naffecting the operation or implementation of so much of the decision\nas the Court considers appropriate to effectively decide the\n(8) The order:\n(a) is subject to the conditions specified in it; and\n(b) has effect:\n(i) for the period specified by the Court; or\n(ii) if no period is specified by Court – until the application is\ndecided.\n(9) The Court's decision has effect as if it had been made by the Board\nor the Registrar for this Act (except this Division).\n","sortOrder":88},{"sectionNumber":"86","sectionType":"section","heading":"Minister may enter into reciprocal agreement","content":"86 Minister may enter into reciprocal agreement\n(1) The Minister may enter into an agreement with a Minister of a State\nif:\n(a) the Minister of the State is responsible for administering a law\nthat establishes a scheme that relates to long service leave for\nconstruction workers (the reciprocal scheme); and\n(b) the agreement makes provision for the mutual recognition of\nmatters arising from the Scheme and from the reciprocal\nscheme.\n(2) Without limiting subsection (1)(b), the agreement may make\nprovision about:\n(a) the payments of amounts:\n(i) by the Board to a person or body (the reciprocal\nauthority) for the reciprocal authority's recognition of all\nor part of the qualifying service of a registered worker; or\n(ii) by the reciprocal authority to the Board for the Board's\nrecognition of a period of service (including a period\nbefore the commencement of this Act) credited to a\nregistered worker under the reciprocal scheme; or\n(b) the exchange of information between the Board and the\nreciprocal authority; or\n\nConstruction Industry Long Service Leave and Benefits Act 2005 53\n(c) any other matters relating to long service leave for\nconstruction workers as the Minister thinks necessary or\nconvenient.\n(3) After entering into the agreement, the Minister must, by notice in\nthe Gazette:\n(a) state that the Minister has entered into the agreement; and\n(b) declare that the agreement is a reciprocal agreement for this\nAct.\n","sortOrder":89},{"sectionNumber":"87","sectionType":"section","heading":"Transfer of credits to Scheme","content":"87 Transfer of credits to Scheme\n(1) A registered worker may apply to the Board in an approved form for\nthe Board's recognition of a period of service credited to the worker\n(the previous service) under a reciprocal scheme.\n(2) On receiving the application, the Board must request the reciprocal\nauthority for the scheme to pay to the Board an amount for the\nrecognition in accordance with the reciprocal agreement to which\nthe scheme relates.\n(3) On receiving the payment:\n(a) the Board must, in accordance with the Determinations,\nrecognise so much of the previous service as corresponds to\nthe payment; and\n(i) convert the recognised service into an LSL credit for the\nworker in accordance with the Determinations; and\n(ii) credit the worker with the LSL credit.\n(4) This section has effect subject to the reciprocal agreement.\n","sortOrder":90},{"sectionNumber":"88","sectionType":"section","heading":"Transfer of credits out of Scheme","content":"88 Transfer of credits out of Scheme\n(1) The Board may, in accordance with the Determinations:\n(a) allow all or part of the qualifying service of a registered worker\nto be recognised by a reciprocal authority for a reciprocal\nscheme; and\n(b) pay an amount to the reciprocal authority for that recognition.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 54\n(2) After making the payment, the Registrar must:\n(a) disregard so much of that qualifying service as is so\nrecognised; and\n(b) adjust the worker's LSL credits in accordance with the\n(3) This section has effect subject to the reciprocal agreement to which\nthe reciprocal scheme relates.\n","sortOrder":91},{"sectionNumber":"89","sectionType":"section","heading":"Protection from liability","content":"89 Protection from liability\n(1) This section applies to a person who is or has been:\n(a) a Board member; or\n(b) a person mentioned in section 59(a), (b) or (c).\n(2) The person is not civilly or criminally liable for an act done or\nomitted to be done by the person in good faith in the exercise or\npurported exercise of a power, or the performance or purported\nperformance of a function, under this Act.\n(3) In addition, the person is not civilly or criminally liable for an act\ndone or omitted to be done by the Board in the exercise or\npurported exercise of a power, or the performance or purported\nperformance of a function, under this Act.\n(4) Subsections (2) and (3) do not affect any liability the Territory or the\nBoard would, apart from those subsections, have for the act or\nomission.\n","sortOrder":92},{"sectionNumber":"90","sectionType":"section","heading":"Secrecy","content":"90 Secrecy\n(1) This section applies to a person who is or has been:\n(a) a Board member; or\n(b) a person mentioned in section 59(a), (b) or (c).\n(2) The person must not:\n(a) record any information obtained by the person in exercising a\npower or performing a function under this Act; or\n(b) disclose any such information to a person or body (including a\ncourt); or\n\nConstruction Industry Long Service Leave and Benefits Act 2005 55\n(c) publish all or part of a document obtained by the person in\nexercising a power or performing a function under this Act; or\n(d) produce to a court a document or any other thing obtained by\nthe person in exercising a power or performing a function\nunder this Act.\n(3) Subsection (2) does not apply in relation to:\n(a) any recording, disclosure, publishing or production that is part\nof the exercise of a power or the performance of a function\nunder this Act; or\n(b) any recording, disclosure, publishing or production in relation\nto the administration of this Act; or\n(c) any recording, disclosure, publishing or production for:\n(i) a person who is the subject of the information, document\nor thing; or\n(ii) another person with the consent of the person\nmentioned in subparagraph (i) (whether the consent has\nbeen given expressly or by implication); or\n(iii) a person prescribed by the Regulations.\n(4) A person who fails to comply with subsection (2) is guilty of an\noffence.\n400 penalty units or imprisonment for\n2 years.\n2 000 penalty units.\n","sortOrder":93},{"sectionNumber":"91","sectionType":"section","heading":"Appointment of actuary","content":"91 Appointment of actuary\n(1) The Minister must appoint an actuary for the Scheme.\n(2) The actuary must conduct, as requested by the Minister but at least\nonce every 3 years, a review of:\n(a) the administration of the scheme (including any financial\naspect of that administration); and\n(b) the methods used in working out long service benefits; and\n(c) the levy rate.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 56\n(3) The actuary must provide the Minister with a report on the review\nwithin the time specified by the Minister.\n(4) The actuary may make any recommendation in the report about\nany of the matters mentioned in subsection (2)(a), (b) or (c).\n(5) Without limiting subsection (4), the actuary may recommend a new\nlevy rate.\n(6) The actuary must do the following in relation to a report that the\nMinister has asked for under section 33(5):\n(a) review relevant material relating to the entitlement of\nregistered workers who carry out the construction work to long\nservice leave or long service benefits;\n(b) make a recommendation about the percentage to be the\ndetermined percentage under that section for the excess\namount in order to ensure the funding of those long service\nbenefits;\n(c) provide the Minister with the report about the review and\nrecommendation within the time specified by the Minister.\n(7) The Minister must table in the Legislative Assembly a copy of a\nreport under subsection (3) or (6) within 6 sittings days after\nreceiving the report.\n","sortOrder":94},{"sectionNumber":"92","sectionType":"section","heading":"Regulations","content":"92 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) The Regulations may prescribe for an offence against the\nRegulations a fine not exceeding:\n(a) if the offender is a natural person – 100 penalty units; or\n(b) if the offender is a body corporate – 500 penalty units.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 57\nPart 6 Transitional matters for Construction Industry\nLong Service Leave and Benefits Act 2005\nDivision 1 Transitional matters relating to Long Service\nLeave Act 1981\n93 Application\nExcept as provided by this Division:\n(a) a person's qualifying service under the Long Service Leave\nAct 1981 must not be taken into account for any purposes of\nthis Act; and\n(b) a person's qualifying service under this Act must not be taken\ninto account for any purposes of the Long Service Leave\n","sortOrder":95},{"sectionNumber":"94","sectionType":"section","heading":"Interpretation","content":"94 Interpretation\n(1) In this Division, unless the contrary intention appears:\ncommencement day means the day on which the Construction\nIndustry Long Service Leave and Benefits Act 2005 commences.\nprevious service, for a transitional employee, means so much of\nthe continuous service for which the employee is employed:\n(a) as occurred before 1 January 2005; and\n(b) as has not given rise to any long service leave granted, or\npayments made, to the employee under the Long Service\nLeave Act 1981.\ntransitional employee means a person:\n(a) who is registered as an employee on the commencement day\n(or at a later time allowed by the Registrar); and\n(b) who is employed for a continuous service that started before,\nand remains unbroken after, the commencement day; and\n(c) to whom the Long Service Leave Act 1981 would, apart from\nthis Act, apply in relation to that continuous service.\n(2) For this Division, the questions whether an employee is employed\nfor a continuous service and whether the continuity of that service\nremains unbroken must be determined in accordance with the Long\nService Leave Act 1981.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 58\n","sortOrder":96},{"sectionNumber":"95","sectionType":"section","heading":"Recognition of previous service on employer's election","content":"95 Recognition of previous service on employer's election\n(1) The employer of a transitional employee may elect to pay to the\nBoard an amount for the recognition of the employee's previous\nservice.\n(2) The election must be in an approved form.\n(3) After the Board has received the election, the Registrar must:\n(a) in accordance with the Determinations, decide the amount that\nthe employer must pay for that recognition; and\n(b) notify the employer of the decision and the time by which the\namount must be paid; and\n(c) state in the notification:\n(i) the reasons for the decision; and\n(ii) that the employer is entitled to apply for a\nreconsideration or review in relation to the decision\nunder Part 5, Division 4.\n(4) The employer must pay to the Board the amount at or before the\ntime specified in the notification.\n(5) The amount:\n(a) is a debt due to the Board from that time; and\njurisdiction by the Board or by a person appointed by the\nBoard to act on its behalf.\n(6) After the amount is received by the Board:\n(a) the Board must recognise the previous service mentioned in\nsubsection (1); and\n(i) convert the previous service into an LSL credit for the\nemployee in accordance with the Determinations; and\n(ii) credit the employee with the LSL credit.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 59\n","sortOrder":97},{"sectionNumber":"96","sectionType":"section","heading":"Recognition of previous service on employee's application","content":"96 Recognition of previous service on employee's application\n(1) This section applies if the employer of a transitional employee:\n(a) has not made an election under section 95 for the recognition\nof the employee's previous service; or\n(b) has made such an election but fails to pay all or part of the\namount that the employer is required to pay for that\nrecognition.\n(2) The employee or the employee's personal representative may apply\nfor long service leave or a long service benefit under section 18, 19,\n21 or 22 (as the case may be) as if the previous service had been\nrecognised and converted into an LSL credit under section 95.\n(3) However, subsection (2) only applies if the employee's continuous\nservice with the employer remains unbroken at the following time\n(the relevant time):\n(a) for an application under section 18 or 19 – the time of the\napplication;\n(b) for an application under section 21 – immediately before the\nemployee is last credited with any qualifying service, ceases\nto carry out construction work, retires or dies (as the case\nrequires);\n(c) for an application under section 22 – immediately before the\nemployee ceases to carry out construction work.\n(4) If the Board is satisfied that the applicant would be entitled to make\nthe application had the previous service been recognised and\nconverted into an LSL credit under section 95:\n(a) the Board must recognise the previous service; and\n(i) convert the previous service into the LSL credit in\naccordance with the Determinations; and\n(ii) credit the employee with the LSL credit; and\n(c) the recognition, conversion and crediting are taken to have\noccurred immediately before the relevant time; and\n(d) the Board must decide the application on the basis that the\nemployee had the LSL credit at the relevant time.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 60\n(5) In addition, the Registrar must:\n(a) in accordance with the Determinations, decide the amount that\nthe employer must pay for the recognition of the previous\nservice, taking into account any amount that the employer has\nalready paid under section 95 for the employee; and\n(b) notify the employer of the decision and the time by which the\namount must be paid; and\n(c) state in the notification:\n(i) the reasons for the decision; and\n(ii) that the employer is entitled to apply for a\nreconsideration or review in relation to the decision\nunder Part 5, Division 4.\n(6) The employer must pay to the Board the amount at or before the\ntime specified in the notification.\n(7) The amount:\n(a) is a debt due to the Board from that time; and\njurisdiction by the Board or by a person appointed by the\nBoard to act on its behalf.\n(8) To avoid doubt:\n(a) subsection (2) has effect subject to section 4; and\n(b) subsection (4) has effect whether or not the employer\ncomplies with subsection (6).\n","sortOrder":98},{"sectionNumber":"97","sectionType":"section","heading":"Recognition of qualifying service for Long Service Leave","content":"97 Recognition of qualifying service for Long Service Leave\nAct 1981\n(1) This section applies to a registered employee who:\n(a) has ceased to be a construction worker; and\n(b) is employed by an employer for a continuous service that\nbegan before, and remains unbroken after, that cessation.\n(2) Subject to section 4, this Act does not prevent all or part of that\ncontinuous service from giving rise to an entitlement for the\nemployee or another person under the Long Service Leave\n\nConstruction Industry Long Service Leave and Benefits Act 2005 61\n(3) If all or part of that continuous service has given rise to such an\nentitlement:\n(a) the employee or the other person (as the case may be) must\ninform the Registrar in writing about the entitlement; and\n(b) on receiving the information, the Registrar must:\n(i) disregard any qualifying service credited to the\nemployee under this Act that was based on so much of\nthat continuous service as has given rise to the\nentitlement; and\n(ii) adjust the employee's LSL credits in accordance with the\n(4) This section applies in relation to the employee whether or not the\nemployee is a transitional employee.\n","sortOrder":99},{"sectionNumber":"98","sectionType":"section","heading":"Entitlements under Long Service Leave Act 1981","content":"98 Entitlements under Long Service Leave Act 1981\n(1) This Act does not affect any entitlement under the Long Service\nLeave Act 1981 in relation to an employee if:\n(a) that entitlement existed before the commencement day in\nrelation to a period of continuous service for which the\nemployee was employed; and\n(b) that entitlement is:\n(i) an entitlement for the employee to be granted long\nservice leave; or\n(ii) an entitlement for the employee or another person to be\npaid an amount in relation to the long service leave; and\n(c) that period of continuous service has not been recognised and\nconverted into an LSL credit for the employee under\nsection 95 or 96 of this Act.\n(2) This section applies in relation to the employee whether or not the\nemployee is a transitional employee.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 62\n","sortOrder":100},{"sectionNumber":"99","sectionType":"section","heading":"Acquisition on just terms","content":"99 Acquisition on just terms\nIf, but for this section, property is acquired under this Division\notherwise than on just terms:\n(a) the person from whom the property is acquired is entitled to\nthe compensation necessary to ensure the acquisition is on\njust terms; and\n(b) a court of competent jurisdiction may determine the amount of\ncompensation or make the orders it considers necessary to\nensure the compensation is on just terms.\n","sortOrder":101},{"sectionNumber":"100","sectionType":"section","heading":"Offence","content":"100 Offence\nA person must not engage in an act (including an omission) with the\nintention of avoiding the person's obligations under this Division.\n","sortOrder":102},{"sectionNumber":"101","sectionType":"section","heading":"Recognition of pre-commencement service","content":"101 Recognition of pre-commencement service\n(1) This section applies to a construction worker who is registered as\nan employee or as a contractor:\n(a) on the day on which the Construction Industry Long Service\nLeave and Benefits Act 2005 commences; or\n(b) within 12 months after that day.\n(2) In crediting the worker with qualifying service, the Registrar must\ntake into account the worker's days of service in relation to the\nfollowing periods:\n(a) the period that starts from and includes 1 January 2005 and\nends immediately before the worker becomes a registered\nworker;\n(b) a period during which the worker is a registered worker.\n(3) However, the Registrar must not take into account any days of\nservice of the worker that relate to a period of service that gave rise\nto an entitlement mentioned in section 98(1) for that worker.\n\nPart 7 Transitional matters for Construction Industry Long Service Leave and\nBenefits Amendment Act 2022\nConstruction Industry Long Service Leave and Benefits Act 2005 63\n","sortOrder":103},{"sectionNumber":"102","sectionType":"section","heading":"Regulations","content":"102 Regulations\n(1) The Regulations may make provision, consistent with this Act,\nabout:\n(a) any matters arising from the operation of this Part; or\n(b) any other transitional matters for the Construction Industry\nLong Service Leave and Benefits Act 2005.\n(2) The Regulations may provide that a provision under subsection (1)\ntakes effect from a date that is earlier than the date of its publication\nor notification in the Gazette but, if they do so, the provision does\nnot operate so as:\n(a) to affect, in a manner prejudicial to any person (other than the\nTerritory), the rights of that person existing before the date of\nits publication or notification; or\n(b) to impose liabilities on a person (other than the Territory) in\nrespect of anything done or omitted to be done before the date\nof its publication or notification.\nPart 7 Transitional matters for Construction Industry\nLong Service Leave and Benefits Amendment\nAct 2022\n","sortOrder":104},{"sectionNumber":"103","sectionType":"section","heading":"Application of increase in levy","content":"103 Application of increase in levy\n(1) Section 33, as amended by the amending Act, also applies in\nrelation to any construction work not completed before the\ncommencement.\n(2) In this section:\namending Act means the Construction Industry Long Service\nLeave and Benefits Amendment Act 2022.\ncommencement means the commencement of section 4 of the\namending Act.\n\nConstruction Industry Long Service Leave and Benefits Act 2005 64\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nConstruction Industry Long Service Leave and Benefits Act 2005 (Act No. 9, 2005)\nAssent date 17 March 2005\nCommenced 1 July 2005 (Gaz S15, 9 May 2005)\nStatute Law Revision Act 2007 (Act No. 4, 2007)\nAssent date 8 March 2007\nCommenced 8 March 2007\nLocal Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)\nAssent date 14 November 2008\nCommenced 1 July 2008 (s 2)\nConstruction Industry Long Service Leave and Benefits Amendment Act 2009 (Act\nNo. 40, 2009)\nAssent date 15 December 2009\nCommenced s 3 to 5: 1 July 2009; rem: 15 December 2009 (s 2)\nLocal Government Amendment Act 2014 (Act No. 19, 2014)\nAssent date 2 June 2014\nCommenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014,\n(s 2)\nConstruction Industry Long Service Leave and Benefits Amendment Act 2015 (Act\nNo. 7, 2015)\nAssent date 23 April 2015\nCommenced 23 April 2015\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020\n\nConstruction Industry Long Service Leave and Benefits Act 2005 65\nInterpretation Amendment Act 2021 (Act No. 28, 2021)\nAssent date 15 December 2021\nCommenced 1 January 2022 (s 2)\nConstruction Industry Long Service Leave and Benefits Amendment Act 2022 (Act\nNo. 18, 2022)\nAssent date 12 September 2022\nCommenced 13 September 2022 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 6, 7, 37, 57, 59, 76, 93,\n94, 97 and 98.\n4 LIST OF AMENDMENTS\ns 5A ins No. 7, 2015, s 3\ns 6 amd No. 28, 2008, s 3; No. 40, 2009, s 6; No. 19, 2014, s 26\ns 10 amd No. 40, 2009, s 6\ns 12 amd No. 40, 2009, s 6\ns 14 amd No. 40, 2009, s 6\ns 15 amd No. 7, 2015, s 4\ns 17 amd No. 40, 2009, s 6\nss 19 – 24 amd No. 40, 2009, s 6\ns 26 amd No. 40, 2009, s 6\nss 28 – 32 amd No. 40, 2009, s 6\ns 33 sub No. 40, 2009, s 4\namd No. 7, 2015, s 5; No. 26, 2020, s 3; No. 18, 2022, s 4\ns 34 amd No. 40, 2009, s 6\ns 35 amd No. 40, 2009, s 6\nsub No. 7, 2015, s 7\nss 38 – 40 amd No. 40, 2009, s 6\ns 42 amd No. 40, 2009, s 6\ns 44 amd No. 40, 2009, s 6; No. 7, 2015, s 8\ns 46 amd No. 40, 2009, s 9\ns 48 amd No. 40, 2009, s 6; No. 7, 2015, s 10\nss 50 – 51 amd No. 40, 2009, s 6\ns 53 amd No. 40, 2009, s 6\ns 54 amd No. 40, 2009, s 11\ns 56 amd No. 40, 2009, s 6\ns 57 amd No. 4, 2007, s 7; No. 28, 2021, s 20\ns 59 amd No. 40, 2009, s 6\ns 61 amd No. 40, 2009, s 12\nss 62 – 63 amd No. 40, 2009, s 6\ns 65 amd No. 40, 2009, s 6\ns 68 amd No. 40, 2009, s 6\nss 70 – 71 amd No. 40, 2009, s 6\nss 80 – 83 amd No. 40, 2009, s 6\ns 86 amd No. 40, 2009, s 6\ns 90 amd No. 40, 2009, s 6\ns 91 amd No. 40, 2009, s 5; No. 7, 2015, s 13; No. 26, 2020, s 3\nss 94 – 96 amd No. 40, 2009, s 6\ns 98 amd No. 40, 2009, s 6\n\nConstruction Industry Long Service Leave and Benefits Act 2005 66\ns 100 amd No. 40, 2009, s 6\npt 7 hdg ins No. 18, 2022, s 5\ns 103 ins No. 18, 2022, s 5","sortOrder":105}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act replaces a general long‑service leave framework for certain construction workers with an industry‑specific, levy‑funded scheme administered by a statutory Board (NT Build) (s 3, s 53). It shifts primary funding to a project levy on qualifying construction work (ss 32–34), centralises registration and crediting of service days (ss 9, 15–16), and preserves prior entitlements only through specified transitional mechanisms (Part 6, ss 93–99). Who pays is allocated to project funders or contractors, or apportioned by the Board (s 34); who decides includes the Board, the Registrar, and the Minister through Determinations and Ministerial directions (ss 55–57, 67). The practical effect is to move costs onto liable construction projects while imposing new compliance, reporting and administrative obligations on workers, employers and persons for whom work is carried out (ss 24, 28, 40–41)."},"complexity_factors":["Multiple registration streams and dual-status rules (employee and contractor) with interaction rules for credits (ss 9, 10, 11, 17).","Complex accrual and redemption mechanics: qualifying service days, annual caps, conversion to LSL credits, thresholds for leave or benefit payments (ss 15, 16, 18–22).","Levy design with thresholds, two-tier percentages, Minister-determined 'determined percentage' for excess amounts, and required actuary reports (s 33(2)–(6), s 91(6)).","Allocation of levy liability and Board discretion to apportion or fix liable parties where multiple payees exist (s 34(4)–(6), s 38).","Enforcement powers and sanctions including stop-work orders, monetary penalties, interest, assessment and recovery processes (ss 35, 39, 45–47).","Extensive administrative architecture: statutory Board (NT Build), Ministerial directions, Registrar powers, Determinations as subordinate legislation, and delegation pathways (ss 53–61, 57, 76–79, 67).","Inspection and information‑gathering powers with significant penalties for false or misleading information (ss 80, 81, 42, 65, 90).","Reciprocal arrangements and credit transfers to/from other State schemes requiring payments and conversions under agreements (ss 3(b), 86–88).","Transitional interaction with the prior Long Service Leave Act 1981 and related election/application processes (Part 6, ss 93–99).","Regulatory dependence: many operational details are left to Determinations and Regulations, increasing delegated rule‑making and discretion (ss 57, 92)."],"plain_english_summary":"This Act creates a Territory-wide, levy-funded scheme (NT Build) that registers construction workers and employers, credits days worked, and pays long service leave or cash benefits when service thresholds are met. It is financed by a levy on qualifying construction projects and imposes registration, reporting and record-keeping duties on workers and employers. It affects natural-person employees and contractors, project funders or contractors who pay the levy, and the Board and Registrar who administer the scheme."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":746},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears to remain within its original scope as a portable long service leave scheme for the NT construction industry. The 2022 amendment (Part 7) was limited to applying levy increases to incomplete construction work, which is a technical adjustment rather than scope expansion. The original Act already included comprehensive provisions for registration, funding, administration, and interstate reciprocity."},"complexity_factors":["Multiple overlapping categories of registration (employee, contractor, employer) with different rules for each","Complex levy calculation with tiered rates: standard rate up to $5 billion threshold, then 'determined percentage' for excess amounts requiring Ministerial determination based on actuarial advice","Extensive cross-referencing to external documents: Construction Contracts (Security of Payments) Act 2004, Building and Construction Industry (Northern Territory) Award 2002, Building Code of Australia","Detailed transitional provisions preserving entitlements under repealed Long Service Leave Act 1981 and handling pre-commencement service","Multiple decision-making pathways with reconsideration by Board and review by Local Court","Board has broad discretionary powers including determining 'total cost' of work, who benefits from work, and when work starts/ends","Strict secrecy provisions with criminal penalties (400 penalty units or 2 years imprisonment)","Conditional logic throughout: e.g., section 18(8) reduces entitlements for employees who are also contractors to prevent double-dipping"],"plain_english_summary":"This law creates a portable long service leave scheme for Northern Territory construction workers so leave entitlements travel with workers across jobs and employers. Workers register with NT Build, accumulate service-based leave credits (convertible to time off or cash for contractors/casuals), and can cash out when leaving the industry. It’s funded by a levy on large construction projects, affects employers and developers, and addresses short-term, multi-employer work realities in construction."}},"importantCases":[],"_links":{"self":"/api/acts/construction-industry-long-service-leave-and-benefits-act-2005","history":"/api/acts/construction-industry-long-service-leave-and-benefits-act-2005/history","analysis":"/api/acts/construction-industry-long-service-leave-and-benefits-act-2005/analysis","conflicts":"/api/acts/construction-industry-long-service-leave-and-benefits-act-2005/conflicts","importantCases":"/api/acts/construction-industry-long-service-leave-and-benefits-act-2005/important-cases","documents":"/api/acts/construction-industry-long-service-leave-and-benefits-act-2005/documents"}}